General Provisions top § 430.00 Applicability. top (a) This part applies to any pulp, paper, or paperboard mill that discharges or may discharge process wastewater pollutants to the waters of the United States, or that introduces or may introduce process wastewater pollutants into a publicly owned treatment works.

(b) The following table presents the subcategorization scheme codified in this part, with references to former subpart designations contained in the 1997 edition of 40 CFR parts 425 through 699:

§ 430.01 General definitions. top In addition to the definitions set forth in 40 CFR part 401 and 40 CFR 403.3, the following definitions apply to this part:

(a) Adsorbable organic halides (AOX). A bulk parameter that measures the total mass of chlorinated organic matter in water and wastewater.

(b) Annual average. The mean concentration, mass loading or production-normalized mass loading of a pollutant over a period of 365 consecutive days (or such other period of time determined by the permitting authority to be sufficiently long to encompass expected variability of the concentration, mass loading, or production-normalized mass loading at the relevant point of measurement).

(c) Bleach plant. All process equipment used for bleaching beginning with the first application of bleaching agents (e.g., chlorine, chlorine dioxide, ozone, sodium or calcium hypochlorite, or peroxide), each subsequent extraction stage, and each subsequent stage where bleaching agents are applied to the pulp. For mills in subpart E of this part producing specialty grades of pulp, the bleach plant includes process equipment used for the hydrolysis or extraction stages prior to the first application of bleaching agents. Process equipment used for oxygen delignification prior to the application of bleaching agents is not part of the bleach plant.

(d) Bleach plant effluent. The total discharge of process wastewaters from the bleach plant from each physical bleach line operated at the mill, comprising separate acid and alkaline filtrates or the combination thereof.

(e) Chemical oxygen demand (COD). A bulk parameter that measures the oxygen-consuming capacity of organic and inorganic matter present in water or wastewater. It is expressed as the amount of oxygen consumed from a chemical oxidant in a specific test.

(f) Elemental chlorine-free (ECF). Any process for bleaching pulps in the absence of elemental chlorine and hypochlorite that uses exclusively chlorine dioxide as the only chlorine-containing bleaching agent.

(g) End of the pipe. The point at which final mill effluent is discharged to waters of the United States or introduced to a POTW.

(h) Fiber line. A series of operations employed to convert wood or other fibrous raw material into pulp. If the final product is bleached pulp, the fiber line encompasses pulping, de-knotting, brownstock washing, pulp screening, centrifugal cleaning, and multiple bleaching and washing stages.

(i) Minimum level (ML). The level at which the analytical system gives recognizable signals and an acceptable calibration point. The following minimum levels apply to pollutants in this part:

(j) New source. (1) Notwithstanding the criteria codified at 40 CFR 122.29(b)(1), a source subject to subpart B or E of this part is a “new source” if it meets the definition of “new source” at 40 CFR 122.2 and:

(i) It is constructed at a site at which no other source is located; or

(ii) It totally replaces the process or production equipment that causes the discharge of pollutants at an existing source, including the total replacement of a fiber line that causes the discharge of pollutants at an existing source, except as provided in paragraph (j)(2) of this section; or

(iii) Its processes are substantially independent of an existing source at the same site. In determining whether these processes are substantially independent, the Director shall consider such factors as the extent to which the new facility is integrated with the existing plant; and the extent to which the new facility is engaged in the same general type of activity as the existing source.

(2) The following are examples of changes made by mills subject to subparts B or E of this part that alone do not cause an existing mill to become a “new source”:

(i) Upgrades of existing pulping operations;

(ii) Upgrades or replacement of pulp screening and washing operations;

(iv) Bleach plant modifications including changes in methods or amounts of chemical applications, new chemical applications, installation of new bleaching towers to facilitate replacement of sodium or calcium hypochlorite, and installation of new pulp washing systems; or

(v) Total replacement of process or production equipment that causes the discharge of pollutants at an existing source (including a replacement fiber line), but only if such replacement is performed for the purpose of achieving limitations that have been included in the discharger's NPDES permit pursuant to §430.24(b).

(k) Non-continuous discharger. (1) Except as provided in paragraph (k)(2) of this section, a non-continuous discharger is a mill which is prohibited by the NPDES authority from discharging pollutants during specific periods of time for reasons other than treatment plant upset control, such periods being at least 24 hours in duration. A mill shall not be deemed a non-continuous discharger unless its permit, in addition to setting forth the prohibition described above, requires compliance with the effluent limitations established for non-continuous dischargers and also requires compliance with maximum day and average of 30 consecutive days effluent limitations. Such maximum day and average of 30 consecutive days effluent limitations for non-continuous dischargers shall be established by the NPDES authority in the form of concentrations which reflect wastewater treatment levels that are representative of the application of the best practicable control technology currently available, the best conventional pollutant control technology, or new source performance standards in lieu of the maximum day and average of 30 consecutive days effluent limitations for conventional pollutants set forth in each subpart.

(2) A mill is a non-continuous discharger for the purposes of determining applicable effluent limitations under subpart B or E of this part (other than conventional limits for existing sources) if, for reasons other than treatment plant upset control (e.g., protecting receiving water quality), the mill is prohibited by the NPDES authority from discharging pollutants during specific periods of time or if it is required to release its discharge on a variable flow or pollutant loading rate basis.

(m) Process wastewater. For subparts B and E only, process wastewater is any water that, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. For purposes of subparts B and E of this part, process wastewater includes boiler blowdown; wastewaters from water treatment and other utility operations; blowdowns from high rate (e.g., greater than 98 percent) recycled non-contact cooling water systems to the extent they are mixed and co-treated with other process wastewaters; wastewater, including leachates, from landfills owned by pulp and paper mills subject to subpart B or E of this part if the wastewater is commingled with wastewater from the mill's manufacturing or processing facility; and storm waters from the immediate process areas to the extent they are mixed and co-treated with other process wastewaters. For purposes of this part, contaminated groundwaters from on-site or off-site groundwater remediation projects are not process wastewater.

(n) Production. (1) For all limitations and standards specified in this part except those pertaining to AOX and chloroform: Production shall be defined as the annual off-the-machine production (including off-the-machine coating where applicable) divided by the number of operating days during that year. Paper and paperboard production shall be measured at the off-the-machine moisture content, except for subpart C of this part (as it pertains to pulp and paperboard production at unbleached kraft mills including linerboard or bag paper and other mixed products, and to pulp and paperboard production using the unbleached kraft neutral sulfite semi-chemical (cross recovery) process), and subparts F and J of this part (as they pertain to paperboard production from wastepaper from noncorrugating medium furnish or from corrugating medium furnish) where paper and paperboard production shall be measured in air-dry-tons (10% moisture content). Market pulp shall be measured in air-dry tons (10% moisture). Production shall be determined for each mill based upon past production practices, present trends, or committed growth.

(2) For AOX and chloroform limitations and standards specified in subparts B and E of this part: Production shall be defined as the annual unbleached pulp production entering the first stage of the bleach plant divided by the number of operating days during that year. Unbleached pulp production shall be measured in air-dried-metric-tons (10% moisture) of brownstock pulp entering the bleach plant at the stage during which chlorine or chlorine-containing compounds are first applied to the pulp. In the case of bleach plants that use totally chlorine free bleaching processes, unbleached pulp production shall be measured in air-dried-metric tons (10% moisture) of brownstock pulp entering the first stage of the bleach plant from which wastewater is discharged. Production shall be determined for each mill based upon past production practices, present trends, or committed growth.

(o) TCDD. 2,3,7,8-tetrachlorodibenzo-p-dioxin.

(p) TCDF. 2,3,7,8-tetrachlorodibenzofuran.

(q) Totally chlorine-free (TCF) bleaching. Pulp bleaching operations that are performed without the use of chlorine, sodium hypochlorite, calcium hypochlorite, chlorine dioxide, chlorine monoxide, or any other chlorine-containing compound.

(r) Wet Barking. Wet barking operations shall be defined to include hydraulic barking operations and wet drum barking operations which are those drum barking operations that use substantial quantities of water in either water sprays in the barking drums or in a partial submersion of the drums in a “tub” of water.

[63 FR 18635, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998]

§ 430.02 Monitoring requirements. top This section establishes minimum monitoring frequencies for certain pollutants. Where no monitoring frequency is specified in this section or where the duration of the minimum monitoring frequency has expired under paragraphs (b) through (e) of this section, the permit writer or pretreatment control authority shall determine the appropriate monitoring frequency in accordance with 40 CFR 122.44(i) or 40 CFR part 403, as applicable.

(a) BAT, NSPS, PSES, and PSNS monitoring frequency for chlorinated organic pollutants. The following monitoring frequencies apply to discharges subject to subpart B or subpart E of this part:

---------------------------------------------------------------------------------------------------------------- Minimum monitoring frequency CAS number Pollutant ------------------------------------------------------------ Non-TCF \a\ TCF \b\----------------------------------------------------------------------------------------------------------------1198556.................. Tetrachlorocatechol..... Monthly...................... (\c\)2539175.................. Tetrachloroguaiacol..... Monthly...................... (\c\)2539266.................. Trichlorosyringol....... Monthly...................... (\c\)2668248.................. 4,5,6-trichloroguaiacol. Monthly...................... (\c\)32139723................. 3,4,6-trichlorocatechol. Monthly...................... (\c\)56961207................. 3,4,5-trichlorocatechol. Monthly...................... (\c\)57057837................. 3,4,5-trichloroguaiacol. Monthly...................... (\c\)58902.................... 2,3,4,6- Monthly...................... (\c\) tetrachlorophenol.60712449................. 3,4,6-trichloroguaiacol. Monthly...................... (\c\)87865.................... Pentachlorophenol \d\... Monthly...................... (\c\)88062.................... 2,4,6-trichlorophenol Monthly...................... (\c\) \d\.95954.................... 2,4,5-trichlorophenol Monthly...................... (\c\) \d\.1746016.................. 2,3,7,8-TCDD............ Monthly...................... (\c\)51207319................. 2,3,7,8-TCDF............ Monthly...................... (\c\)67663.................... chloroform \e\.......... Weekly....................... (\c\)59473040................. AOX \f\................. Daily........................ None specified.----------------------------------------------------------------------------------------------------------------\a\ Non-TCF: Pertains to any fiber line that does not use exclusively TCF bleaching processes.\b\ TCF: Pertains to any fiber line that uses exclusively TCF bleaching processes, as disclosed by the discharger in its permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22 or, for indirect dischargers, as reported to the pretreatment control authority under 40 CFR 403.12 (b), (d), or (e).\c\ This regulation does not specify a limit for this pollutant for TCF bleaching processes.\d\ Monitoring frequency does not apply to this compound when used as a biocide. The permitting or pretreatment control authority must determine the appropriate monitoring frequency for this compound, when used as a biocide, under 40 CFR 122.44(i) or 40 CFR part 403, as applicable.\e\ This regulation does not specify a limit for this pollutant for Subpart E mills.\f\ This regulation does not specify a limit for this pollutant for the ammonium-based or specialty grade sulfite pulp segments of Subpart E.

(b) Duration of required monitoring for BAT, NSPS, PSES, and PSNS. The monitoring frequencies specified in paragraph (a) of this section apply for the following time periods:

(1) For direct dischargers, a duration of 5 years commencing on the date the applicable limitations or standards from subpart B or subpart E of this part are first included in the discharger's NPDES permit;

(2) For existing indirect dischargers, until April 17, 2006;

(3) For new indirect dischargers, a duration of 5 years commencing on the date the indirect discharger commences operation.

(c) Reduced monitoring frequencies for bleach plant pollutants under the Voluntary Advanced Technology Incentives Program. The following monitoring frequencies apply to mills enrolled in the Voluntary Advanced Technology Incentives Program established under subpart B of this part for a duration of 5 years commencing after achievement of the applicable BAT limitations specified in §430.24(b)(3) or NSPS specified in §430.25(c)(1) for the following pollutants, except as noted in footnote f:

---------------------------------------------------------------------------------------------------------------- Minimum monitoring frequency CAS number Pollutant -------------------------------------------------------------------------- Non-ECF \a\ Advanced ECF \b,f\ TCF \c\----------------------------------------------------------------------------------------------------------------1198556.......... Tetrachlorocatecho Monthly................ Monthly (\d\) l.2539175.......... Tetrachloroguiacol Monthly................ Monthly (\d\)2539266.......... Trichlorosyringol. Monthly................ Monthly (\d\)2668248.......... 4,5,6- Monthly................ Monthly (\d\) trichloroguaiacol.32139723......... 3,4,6- Monthly................ Monthly (\d\) trichlorocatechol.56961207......... 3,4,5- Monthly................ Monthly (\d\) trichlorocatechol.57057837......... 3,4,5- Monthly................ Monthly (\d\) trichloroguaiacol.58902............ 2,3,4,6- Monthly................ Monthly (\d\) tetrachlorophenol.60712449......... 3,4,6- Monthly................ Monthly (\d\) trichloroguaiacol.87865............ Pentachlorophenol Monthly................ Monthly (\d\) \e\.88062............ 2,4,6- Monthly................ Monthly (\d\) trichlorophenol \e\.95954............ 2,4,5- Monthly................ Monthly (\d\) trichlorophenol \e\.1746016.......... 2,3,7,8-TCDD...... Monthly................ Monthly (\d\)51207319......... 2,3,7,8-TCDF...... Monthly................ Monthly (\d\)67663............ Chloroform........ Weekly................. Monthly (\d\)----------------------------------------------------------------------------------------------------------------\a\ Non-ECF: Pertains to any fiber line that does not use exclusively ECF or TCF bleaching processes.\b\ Advanced ECF: Pertains to any fiber line that uses exclusively Advanced ECF bleaching processes, or exclusively ECF and TCF bleaching processes as disclosed by the discharger in its permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22. Advanced ECF consists of the use of extended delignification or other technologies that achieve at least the Tier I performance levels specified in § 430.24(b)(4)(i).\c\ TCF: Pertains to any fiber line that uses exclusively TCF bleaching processes, as disclosed by the discharger in its permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22.\d\ This regulation does not specify a limit for this pollutant for TCF bleaching processes.\e\ Monitoring frequency does not apply to this compound when used as a biocide. The permitting authority must determine the appropriate monitoring frequency for this compound, when used as a biocide, under 40 CFR 122.44(i).\f\ Monitoring requirements for these pollutants by mills certifying as Advanced ECF in their NPDES permit application or other communication to the permitting authority will be suspended after one year of monitoring. The permitting authority must determine the appropriate monitoring frequency for these pollutants beyond that time under 40 CFR 122.44(i).

(d) Reduced monitoring frequencies for AOX under the Voluntary Advanced Technology Incentives Program (year one). The following monitoring frequencies apply to direct dischargers enrolled in the Voluntary Advanced Technology Incentives Program established under Subpart B of this part for a duration of one year after achievement of the applicable BAT limitations specified in §430.24(b)(4)(i) or NSPS specified in §430.25(c)(2):

---------------------------------------------------------------------------------------------------------------- Advanced ECF, any tier CAS number Pollutant Non-ECF, any tier \a\ \b\ TCF, any tier \c\----------------------------------------------------------------------------------------------------------------59473040......... AOX............... Daily.................. Weekly................. None specified.----------------------------------------------------------------------------------------------------------------\a\ Non-ECF: Pertains to any fiber line that does not use exclusively ECF or TCF bleaching processes.\b\ Advanced ECF: Pertains to any fiber line that uses exclusively Advanced ECF bleaching processes or exclusively ECF and TCF bleaching processes, as disclosed by the discharger in its permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22. Advanced ECF consists of the use of extended delignification or other technologies that achieve at least the Tier I performance levels specified in § 430.24(b)(4)(i).\c\ TCF: Pertains to any fiber line that uses exclusively TCF bleaching processes, as disclosed by the discharger in its permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22.

(e) Reduced monitoring frequencies for AOX under the Voluntary Advanced Technology Incentives Program (years two through five). The following monitoring frequencies apply to mills enrolled in the Voluntary Advanced Technology Incentives Program established under Subpart B of this part for a duration of four years starting one year after achievement of the applicable BAT limitations specified in §430.24(b)(4)(i) or NSPS specified in §430.25(c)(2):

-------------------------------------------------------------------------------------------------------------------------------------------------------- Advanced ECF_tier I Advanced ECF_tier II Advanced ECF_tier CAS number Pollutant Non-ECF any tier \a\ \b\ \b\ III \b\ TCF_ any tier \c\--------------------------------------------------------------------------------------------------------------------------------------------------------59473040.......... AOX.................. Daily................ Monthly............. Quarterly........... Annually............ None specified.--------------------------------------------------------------------------------------------------------------------------------------------------------\a\ Non-ECF: Pertains to any fiber line that does not use exclusively ECF or TCF bleaching processes.\b\ Advanced ECF: Pertains to any fiber line that uses exclusively Advanced ECF bleaching processes or exclusively ECF and TCF bleaching processes, as disclosed by the discharger in its permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22. Advanced ECF consists of the use of extended delignification or other technologies that achieve at least the Tier I performance levels specified in § 430.24(b)(4)(i).\c\ TCF: Pertains to any fiber line that uses exclusively TCF bleaching processes, as disclosed by the discharger in its permit application under 40 CFR 122.21(g)(3) and certified under 40 CFR 122.22.

(f) Certification in Lieu of Monitoring for Chloroform—(1) Under what circumstances may a discharger be exempt from the minimum monitoring requirements of this section for chloroform? A discharger subject to limitations or standards for chloroform under subpart B of this part is not subject to the minimum monitoring requirements specified in this section for chloroform at a fiber line to which the limitations or standards apply if the discharger meets the requirements of this section.

(2) How do I qualify for the exemption? At the time you request an exemption from the minimum monitoring requirements of this section for chloroform from your permitting authority or pretreatment control authority for a fiber line, you must:

(i) Demonstrate, based on 104 measurements taken over a period of not less than two years of monitoring conducted in accordance with paragraph (a) of this section, that you are complying with the applicable limitations or standards for chloroform;

(ii) Certify that you will maintain a record of the maximum value for each of the following process and operating conditions for the fiber line that was recorded during the collection of each of the samples used to make the demonstration required under paragraph (f)(2)(i) of this section.

(A) The pH of the first chlorine dioxide bleaching stage;

(B) The chlorine (Cl2) content of chlorine dioxide (ClO2) used on the bleach line;

(C) The kappa factor of the first chlorine dioxide bleaching stage; and

(D) The total bleach line chlorine dioxide application rate;

(iii) Identify the chlorine-containing compound used for bleaching during the collection of samples used to make the demonstration required under paragraph (f)(2)(i) of this section; and

(iv) Certify that the fiber line does not use either elemental chlorine or hypochlorite as bleaching agents.

(3) What happens if I change the process and operating conditions on the fiber line so that one or more exceeds the maximum value recorded under paragraph (f)(2)(ii) of this section for that process and operating condition? If you wish to continue your exemption from the minimum monitoring requirements of this section for chloroform, you must:

(i) Demonstrate, based on monitoring conducted at a frequency similar to that required in paragraph (a) of this section and for a duration determined by the permitting or pretreatment control authority, that you are complying with the applicable limitations or standards for chloroform;

(ii) Certify that you will maintain a record of the maximum value for each of the following process and operating conditions for the fiber line that was recorded during the collection of each of the samples used to make the demonstration required under paragraph (f)(6)(i) of this section:

(A) The pH of the first chlorine dioxide bleaching stage;

(B) The chlorine (Cl2) content of chlorine dioxide (ClO2) used on the bleach line;

(C) The kappa factor of the first chlorine dioxide bleaching stage; and

(D) The total bleach line chlorine dioxide application rate;

(iii) Identify the chlorine-containing compound used for bleaching during the collection of each sample used to make the demonstration required under paragraph (f)(3)(i) of this section; and

(iv) Certify that the fiber line does not use either elemental chlorine or hypochlorite as bleaching agents.

(4) What are my reporting obligations? You must certify in reports required under §122.41(l)(4) or §403.12(b) of this chapter, as appropriate, that the chlorine-containing compounds used for bleaching are unchanged from those identified under paragraph (f)(2)(iii) of this section and that the following process and operating conditions maintained on the fiber line during the reporting period have not exceeded the maximum value recorded for each such condition during the collection of the samples used to make the demonstration required under paragraphs (f)(2)(i) or (f)(3)(i) of this section:

(i) The pH of the first chlorine dioxide bleaching stage;

(ii) The chlorine (Cl2) content of chlorine dioxide (ClO2) used on the bleach line;

(iii) The kappa factor of the first chlorine dioxide bleaching stage; and

(iv) The total bleach line chlorine dioxide application rate.

(5) What happens if I fail to maintain the records described in paragraphs (f)(2)(ii) and (f)(3)(ii) of this section? You will be required to comply with the minimum monitoring requirements of this section for chloroform.

(6) What happens if I exceed the maximum value recorded under paragraphs (f)(2)(ii) or (f)(3)(ii) of this section for any of the process and operating conditions identified in that section?

(i) If for any reason (e.g., intentionally or due to process upset) you fail to maintain process and operating conditions at values equal to or less than the maximum value recorded under paragraphs (f)(2)(ii) or (f)(3)(ii) of this section for each such condition, you will be in violation of the applicable chloroform limitation or standard unless:

(A) Within 30 days, you notify your permitting or pretreatment control authority in writing of the exceedance; and

(B) You demonstrate compliance with the applicable chloroform limitation or standard by immediately monitoring the bleach plant effluent for chloroform at a frequency similar to that required in paragraph (a) of this section and for a duration determined by the permit or pretreatment control authority.

(ii) In order to continue your exemption from the minimum monitoring requirements of this section for chloroform, you must meet the requirements of paragraph (f)(6)(i) of this section and you must recertify that the fiber line process and operating conditions do not exceed the maximum value recorded under paragraphs (f)(2)(ii) or (f)(3)(ii) of this section for each of the parameters identified in those paragraphs.

(7) Definitions:

(i) Kappa factor—the ratio of available chlorine (total equivalent chlorine, as percent on oven dry pulp) to the kappa number of the pulp. Kappa number is the lignin content of pulp, as measured by a modified permanganate test corrected to 50 percent consumption of the chemical.

(ii) Total bleach line chlorine dioxide application rate—mass of chlorine dioxide applied in all stages of the bleach line per mass of unbleached pulp (i.e., lb/ton or kg/kkg).

(iii) Chlorine-containing compounds—compounds containing chlorine used in the bleach plant for bleaching, brightening, whitening, or viscosity control. These compounds include but are not limited to chlorine (Cl2), sodium hypochlorite (NaOCl), chlorine dioxide (ClO2) and chlorine monoxide (Cl2O).

(b) Specialized definitions—(1) Action Level: A daily pollutant loading that when exceeded triggers investigative or corrective action. Mills determine action levels by a statistical analysis of six months of daily measurements collected at the mill. For example, the lower action level may be the 75th percentile of the running seven-day averages (that value exceeded by 25 percent of the running seven-day averages) and the upper action level may be the 90th percentile of the running seven-day averages (that value exceeded by 10 percent of the running seven-day averages).

(3) Immediate Process Area: The location at the mill where pulping, screening, knotting, pulp washing, pulping liquor concentration, pulping liquor processing, and chemical recovery facilities are located, generally the battery limits of the aforementioned processes. “Immediate process area” includes spent pulping liquor storage and spill control tanks located at the mill, whether or not they are located in the immediate process area.

(4) Intentional Diversion: The planned removal of spent pulping liquor, soap, or turpentine from equipment items in spent pulping liquor, soap, or turpentine service by the mill for any purpose including, but not limited to, maintenance, grade changes, or process shutdowns.

(5) Mill: The owner or operator of a direct or indirect discharging pulp, paper, or paperboard manufacturing facility subject to this section.

(6) Senior Technical Manager: The person designated by the mill manager to review the BMP Plan. The senior technical manager shall be the chief engineer at the mill, the manager of pulping and chemical recovery operations, or other such responsible person designated by the mill manager who has knowledge of and responsibility for pulping and chemical recovery operations.

(7) Soap: The product of reaction between the alkali in kraft pulping liquor and fatty acid portions of the wood, which precipitate out when water is evaporated from the spent pulping liquor.

(8) Spent Pulping Liquor: For kraft and soda mills “spent pulping liquor” means black liquor that is used, generated, stored, or processed at any point in the pulping and chemical recovery processes. For sulfite mills “spent pulping liquor” means any intermediate, final, or used chemical solution that is used, generated, stored, or processed at any point in the sulfite pulping and chemical recovery processes (e.g., ammonium-, calcium-, magnesium-, or sodium-based sulfite liquors).

(9) Turpentine: A mixture of terpenes, principally pinene, obtained by the steam distillation of pine gum recovered from the condensation of digester relief gases from the cooking of softwoods by the kraft pulping process. Sometimes referred to as sulfate turpentine.

(c) Requirement to implement Best Management Practices. Each mill subject to this section must implement the Best Management Practices (BMPs) specified in paragraphs (c)(1) through (10) of this section. The primary objective of the BMPs is to prevent leaks and spills of spent pulping liquors, soap, and turpentine. The secondary objective is to contain, collect, and recover at the immediate process area, or otherwise control, those leaks, spills, and intentional diversions of spent pulping liquor, soap, and turpentine that do occur. BMPs must be developed according to best engineering practices and must be implemented in a manner that takes into account the specific circumstances at each mill. The BMPs are as follows:

(1) The mill must return spilled or diverted spent pulping liquors, soap, and turpentine to the process to the maximum extent practicable as determined by the mill, recover such materials outside the process, or discharge spilled or diverted material at a rate that does not disrupt the receiving wastewater treatment system.

(2) The mill must establish a program to identify and repair leaking equipment items. This program must include:

(ii) Immediate repairs of leaking equipment items, when possible. Leaking equipment items that cannot be repaired during normal operations must be identified, temporary means for mitigating the leaks must be provided, and the leaking equipment items repaired during the next maintenance outage;

(iii) Identification of conditions under which production will be curtailed or halted to repair leaking equipment items or to prevent pulping liquor, soap, and turpentine leaks and spills; and

(iv) A means for tracking repairs over time to identify those equipment items where upgrade or replacement may be warranted based on frequency and severity of leaks, spills, or failures.

(3) The mill must operate continuous, automatic monitoring systems that the mill determines are necessary to detect and control leaks, spills, and intentional diversions of spent pulping liquor, soap, and turpentine. These monitoring systems should be integrated with the mill process control system and may include, e.g., high level monitors and alarms on storage tanks; process area conductivity (or pH) monitors and alarms; and process area sewer, process wastewater, and wastewater treatment plant conductivity (or pH) monitors and alarms.

(4) The mill must establish a program of initial and refresher training of operators, maintenance personnel, and other technical and supervisory personnel who have responsibility for operating, maintaining, or supervising the operation and maintenance of equipment items in spent pulping liquor, soap, and turpentine service. The refresher training must be conducted at least annually and the training program must be documented.

(5) The mill must prepare a brief report that evaluates each spill of spent pulping liquor, soap, or turpentine that is not contained at the immediate process area and any intentional diversion of spent pulping liquor, soap, or turpentine that is not contained at the immediate process area. The report must describe the equipment items involved, the circumstances leading to the incident, the effectiveness of the corrective actions taken to contain and recover the spill or intentional diversion, and plans to develop changes to equipment and operating and maintenance practices as necessary to prevent recurrence. Discussion of the reports must be included as part of the annual refresher training.

(6) The mill must establish a program to review any planned modifications to the pulping and chemical recovery facilities and any construction activities in the pulping and chemical recovery areas before these activities commence. The purpose of such review is to prevent leaks and spills of spent pulping liquor, soap, and turpentine during the planned modifications, and to ensure that construction and supervisory personnel are aware of possible liquor diversions and of the requirement to prevent leaks and spills of spent pulping liquors, soap, and turpentine during construction.

(7) The mill must install and maintain secondary containment (i.e., containment constructed of materials impervious to pulping liquors) for spent pulping liquor bulk storage tanks equivalent to the volume of the largest tank plus sufficient freeboard for precipitation. An annual tank integrity testing program, if coupled with other containment or diversion structures, may be substituted for secondary containment for spent pulping liquor bulk storage tanks.

(9) The mill must install and maintain curbing, diking or other means of isolating soap and turpentine processing and loading areas from the wastewater treatment facilities.

(10) The mill must conduct wastewater monitoring to detect leaks and spills, to track the effectiveness of the BMPs, and to detect trends in spent pulping liquor losses. Such monitoring must be performed in accordance with paragraph (i) of this section.

(d) Requirement to develop a BMP Plan. (1) Each mill subject to this section must prepare and implement a BMP Plan. The BMP Plan must be based on a detailed engineering review as described in paragraphs (d)(2) and (3) of this section. The BMP Plan must specify the procedures and the practices required for each mill to meet the requirements of paragraph (c) of this section, the construction the mill determines is necessary to meet those requirements including a schedule for such construction, and the monitoring program (including the statistically derived action levels) that will be used to meet the requirements of paragraph (i) of this section. The BMP Plan also must specify the period of time that the mill determines the action levels established under paragraph (h) of this section may be exceeded without triggering the responses specified in paragraph (i) of this section.

(2) Each mill subject to this section must conduct a detailed engineering review of the pulping and chemical recovery operations—including but not limited to process equipment, storage tanks, pipelines and pumping systems, loading and unloading facilities, and other appurtenant pulping and chemical recovery equipment items in spent pulping liquor, soap, and turpentine service—for the purpose of determining the magnitude and routing of potential leaks, spills, and intentional diversions of spent pulping liquors, soap, and turpentine during the following periods of operation:

(i) Process start-ups and shut downs;

(ii) Maintenance;

(iii) Production grade changes;

(iv) Storm or other weather events;

(v) Power failures; and

(vi) Normal operations.

(3) As part of the engineering review, the mill must determine whether existing spent pulping liquor containment facilities are of adequate capacity for collection and storage of anticipated intentional liquor diversions with sufficient contingency for collection and containment of spills. The engineering review must also consider:

(i) The need for continuous, automatic monitoring systems to detect and control leaks and spills of spent pulping liquor, soap, and turpentine;

(iii) The potential for contamination of storm water from the immediate process areas; and

(iv) The extent to which segregation and/or collection and treatment of contaminated storm water from the immediate process areas is appropriate.

(e) Amendment of BMP Plan. (1) Each mill subject to this section must amend its BMP Plan whenever there is a change in mill design, construction, operation, or maintenance that materially affects the potential for leaks or spills of spent pulping liquor, turpentine, or soap from the immediate process areas.

(2) Each mill subject to this section must complete a review and evaluation of the BMP Plan five years after the first BMP Plan is prepared and, except as provided in paragraph (e)(1) of this section, once every five years thereafter. As a result of this review and evaluation, the mill must amend the BMP Plan within three months of the review if the mill determines that any new or modified management practices and engineered controls are necessary to reduce significantly the likelihood of spent pulping liquor, soap, and turpentine leaks, spills, or intentional diversions from the immediate process areas, including a schedule for implementation of such practices and controls. (continued)